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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted by Accused Showing Loan Not Advanced.

The case involves a criminal revision petition filed by the accused, Jagadish R, challenging his conviction under Section 138 of the Negotiable Instru...

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Gujarat High Court Allows Appeal in Motor Accident Claim, Enhances Compensation for Injured Passenger. Claimant travelling in goods tempo held entitled to enhanced compensation of Rs. 3,00,000/- with interest, upholding 80:20 contributory negligence apportionment.

The appellant, Kalubhai Dulabhai Prajapati, was travelling in a goods tempo (GJ-23-W-788) on 12.06.2012 when a Maruti Eeco car (GJ-17-N-7288) driven r...

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Gujarat High Court Reduces Contributory Negligence from 20% to 10% in Motor Accident Claim — Appellant Motorcyclist Injured in Head-On Collision with Jeep. Court Held That Absence of Evidence of Negligence on Part of Claimant Warrants Reduction of Contributory Negligence and Enhancement of Compensation.

The appellant, Lahernath Raghunath Gauswami, was the original claimant in a motor accident claim petition. On 02.03.2006, while returning to his villa...

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Gujarat High Court Enhances Compensation in Motor Accident Claim Due to Inadequate Disability Assessment. Permanent Disability of 40% to Whole Body Considered for Loss of Future Income with 40% Future Prospects.

The appellant, Hiralal @ Hirabhai Ukabhai Makawana, was the original claimant in a motor accident claim petition before the Motor Accident Claims Trib...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim for Permanent Disability Due to Truck-Bus Collision. Claimant's income assessed at Rs.5,000 per month with 40% future prospects, and compensation increased from Rs.2,13,000 to Rs.7,47,000 with 7.5% interest.

The appellant, Rameshbhai Nanabhai Vagadiya, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and awar...

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Bombay High Court Upholds Conviction for Cheating and Prize Chit Offences in Bhisi Scheme Case. Oral evidence of members sufficient to prove conventional chit and dishonest intention under Section 420 IPC and Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

The case involves two criminal revision applications filed by the applicants/accused, Subhadrabai Pawar and others, challenging their conviction under...

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Bombay High Court Upholds Conviction of Husband for Murder of Wife — Insanity Defense Rejected. The court held that the accused failed to prove legal insanity under Section 84 IPC, as the evidence did not establish incapacity to know the nature of the act at the time of the offence.

The appellant, Santosh Bhatambrekar, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Surekha, a medical doctor. T...

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Bombay High Court Grants Probate of Will Dated 1977 Despite Limitation and Forgery Challenges. Executor Succeeds in Proving Due Execution and Testamentary Capacity of Testator Who Died in 1979.

The plaintiff, Suresh Manilal Mehta, filed a petition for probate of a Will dated 16th March 1977 allegedly executed by Rameshchandra Jamnadas Dalal (...

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Bombay High Court Enhances Compensation for Injured Surgeon in Motor Accident Claim — Applies Multiplier of 18 and 40% Future Prospects. Claimant's permanent disability assessed at 40% leads to enhanced award of Rs. 18,00,000.

The case involves two appeals arising from a motor accident claim. The claimant, Dr. Narayansing Hazari, a surgeon aged about 54 years, sustained inju...